Court Orders to Maintain Law and Order and Facilitate Vehicular Movement During Event
In a recent judgment, the Calcutta High Court has permitted the All India Trinamool Congress to hold its annual "Shahid Diwas" meeting on Cathedral Road, Kolkata, with specific conditions to ensure public safety and minimize disruption. Presided over by Justice Saugata Bhattacharyya, the court directed the petitioner's organization to maintain one flank of the road open for vehicular movement while limiting the number of participants to 2,500.
Derek O Brien, the petitioner, had initially sought permission to hold the meeting at Esplanade (Dharmatala) near Victoria House, a location traditionally used for the event. However, due to potential law and order issues and traffic disruptions, the court found the location unsuitable. The decision was influenced by the fact that two other organizations had already been granted permission to hold meetings on the same day at nearby venues, Shaheed Minar and near the Gandhi Statue.
The court emphasized the importance of maintaining law and order, directing police authorities to deploy adequate personnel to ensure the smooth conduct of the meeting. The petitioner was also instructed to provide details of 20 volunteers who will be accountable for compliance with the court's directives. These volunteers will be responsible for ensuring that the road remains open for traffic during the event.
Justice Bhattacharyya refrained from making a judgment on the propriety of an earlier order issued by the Commissioner of Police and the Executive Magistrate, leaving the matter open for future consideration. The court's decision aims to balance the right to assemble with public safety and convenience.
The meeting is scheduled to be held between 12 Noon and 3.30 P.M. on July 21, 2026. The High Court's ruling underscores the need for organizers to cooperate with authorities to prevent any untoward incidents, especially given the concurrent events planned by other organizations.
Advocates for both the petitioner and the state have been instructed to promptly communicate the gist of the court's order to the concerned police authorities to ensure timely implementation of the directives. The court has granted leave for the petitioner to amend the cause title to include the Joint Commissioner of Police (HQ), Kolkata as an additional respondent.
Bottom line:-
Permission granted to hold a public meeting with restrictions to maintain law and order, vehicular movement, and safety in the vicinity.
Statutory provision(s):
- Permission for public meetings
- Police responsibility for maintaining law and order
- Organizer's accountability
- Administrative decision on prior orders
Derek O Brien v. State of West Bengal, (Calcutta) : Law Finder Doc id # 2941292
